The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-10-17
IMPORTANT DECISION

only iaint hope of bis recovery. Il
IMPORTANT DECISION
By Acting Second Comptroller McMRhon,
which Ia OF Interest to Old Soldiers.
Special Dispatch 10 the intllioeneer.
WASHINGTON, Oct. 1G-The following
decision Of Acting Second Comptroller
McMshon is Of importance, inasmuch as
it places on the bounty rolls an entire or.
ganization. and at the same time over.
throws the rulings Of the War Depart!
ment, which has held that soldiers Of the
First Battalion Of California Mountainous
were not entitled to bounty.
TREASURY DEPARTMENT, =
h. SECOND CoMprRoLLRR's OFFICE, &
Il WASHINGTON, u. G., Oct. 12, 1857.
In the matter Of the bounty claim of Will.
lam Hathaway, Corporal Company g,
First Battalion California Mountaineers: !:
Hathaway was enrolled April 20. 1868,
and mustered in June IL, 1868, to serve
three years or during the war, aud was
mustered out with hin company May %,
1865, under orders Issued from the War
Department, dated April Is, 1865, in re.
sponse to recommendation from G oyeruor
Low, of California, dated February "a,
1865.
He was paid $o5 advance bounty on
muster into service and SIS balance OF
bounty under act Of July %, 1861, on the
muster.out roll OF bis company. He diad
February %. 1884. His Widows claim for
bounty under the act OF July %, 1866, the
Auditor has reported for an allowance Of
500 under section l2, OF eaid act.
a prior Claim was rejected in the Pay.
master Generals Office by Msjor George
W. Dyer in December, 1867, upon the
ground that all bounty was denied this
organization by the Adjutant Generals
office.
October 10, 1874, in the case Of George
Snyder, OF Company E, said Battalion, the
Adlutant General reported as followa:
The First Battalion California Noun
tRlneera was authorized for special service
against Indians in Humboldt District,
March II, 1868. The companies were
mustered in from May 20, 1868, to March
10, 1854, for three years. service. Fsbrn-
sry q. 1855, Governor Low, Of California,
and Major General Mcdowell telegraphei
the membGra OF the Battalion for their
discharge, they claiming it on the ground
that the special service for which they
were called out (the Suspension OF the
Indian hosti!itiee) had been fulflled. The
disbandment OF the Battalion, which at
that time had not eerved two years, being
strongly recommended by Governor Low,
1t was accordingly ordered mustered oct
BY way OF favor, May 0, 1865, by telegram
from this office. In view OF the fact that
the Battalion was called ont for special
service, and that the members thereof
were ordered mustered out at their own
request. during the wEr, the three months
pay proper WAS denied the officers, and
bounty to the enlisted men on their mus.
ter out: Subsequently bill was intro.
drced by Hon. Mr.. Coushlin, May 6, 1872,
( (House Resolution 2,G5s} to award bounty
to the enlisted men, but it wauld appear
that it did not become law."
It, however, appears from the roster
and pay rolls OF said battalion, that tho
members thereof who enlisted prior to
December "a, 1863, were paid $25 advance
bounty in accordance with the provisions
OF section 6, Act Of July 5, 1852. (l2 Stat.
505) and Gu hiustes ont, if they had served
two years, the balance (S55} OF hosntv
under Section 5. Act Of July 90, 1861, III
Stat. 2GS} and in case any such COLDER had
:esved less than two years, the s25 ad.
yan:e bounty was deducted from his pay.
II tho enlistment Was hetween Decem.
bar 81, 1868, and April /, 1861, bounty
under Joint Resolution OF January Ii,
1864, (l3 Stat. 400) was paid In install.
ments as they matured, and on muster.nut
yoll and mstured installment-lesa S25.
The service haying been lcuu than two
years one wa9 paid. II tho enlistment
Tas on or after July Is, 1864, bonats vas
paid under the Act Of July !, 1864. (l3
stat. $40 J These soldiers, therefore, ap.
pear to have been uniformly treated dur.
lng the period oi their aervice and on dia.
charge, 81 regularly enlisted and mustered
i4to she sa'Siee OF the limited States;
their servioe was OF hazardous nature,
The Battalion Ia shown by the Volunteer
Register, Part VII, page 33i, to have par.
tlcipated in twelve battles. ! therefore
eonpiEde that they were properly treated
~ entitled TO bounty under tho laws ap-
plieaDle to otbsr volunteer Bo!aisrs Oh.
listinH ct tho same time and for tho sslls
term.
Having fulfilled every obligation to.
wHrda the Government, they completed
their contract, aud they ought not, 1t
feens l. mo, st th.H day, be stopped by
any anch bar 90 that hot IE sy tho War
Department, that their discharge was 'oy
way Of favor
This is treating vslor and ignominy alike:
Tor t,.e 1oldieIs Of this organization, II de-
MED bounty on the g7ognd that their dis.
charge waa by way OF favor, would he. OK.
ac,ly in tho condition OF soldiers diacharg.
ed ios bad conduct. ! cannot aseent TO
such a rropotltiGL. Tho law muat be
conssrusd TO give It aalutary aeaniaS,
not to make II frivolous. The obligations
oil tho soldier and the Government are
coreIaiive. Bounty ia allowed and tho caaea
Will DO male up accordingly.
HrnAKD K, McMAhoH.
-il!ing Comptroller.
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